CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1950

 

 

                   Chapter 231, Laws of 2001

 

 

                        57th Legislature

                2001 Regular Legislative Session

 

 

INDUSTRIAL INSURANCE--WORKER RIGHTS

 

 

 

                    EFFECTIVE DATE:  1/1/02

Passed by the House April 13, 2001

  Yeas 88   Nays 0

 

 

              FRANK CHOPP

Speaker of the House of Representatives

     

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 6, 2001

  Yeas 46   Nays 0

             CERTIFICATE

 

We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1950 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           CYNTHIA ZEHNDER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved May 9, 2001 Place Style On Codes above, and Style Off Codes below.               

                                FILED                

 

              May 9, 2001 - 8:53 a.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1950

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 2001 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Clements, Wood, Kenney and Miloscia)

 

Read first time 02/27/2001.  Referred to Committee on .

Describing worker rights under industrial insurance.  


    AN ACT Relating to worker rights under industrial insurance; amending RCW 51.28.010 and 51.28.020; creating a new section; and providing an effective date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 51.28.010 and 1977 ex.s. c 350 s 32 are each amended to read as follows:

    (1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or ((foreman or forewoman)) supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025((, as now or hereafter amended,)) where the worker has received treatment from a physician, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.

    (2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title.  The notice must specify the worker's right to receive health services from a physician of the worker's choice under RCW 51.36.010, including chiropractic services under RCW 51.36.015, and must list the types of providers authorized to provide these services.

 

    Sec. 2.  RCW 51.28.020 and 1984 c 159 s 3 are each amended to read as follows:

    (1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her ((self-insuring)) self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician who attended him or her((, and it shall be the duty of)).  An application form developed by the department shall include a notice specifying the worker's right to receive health services from a physician of the worker's choice under RCW 51.36.010, including chiropractic services under RCW 51.36.015, and listing the types of providers authorized to provide these services.

    (b) The physician ((to)) who attended the injured worker shall inform the injured worker of his or her rights under this title and ((to)) lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker.  The department shall provide physicians with a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.

    (2) If application for compensation is made to a ((self-insuring)) self-insured employer, he or she shall forthwith send a copy ((thereof)) of the application to the department.

 

    NEW SECTION.  Sec. 3.  By January 1, 2002, the department of labor and industries must develop the forms required under sections 1 and 2 of this act, and these forms must be in use by the department and self insured employers by July 1, 2002.

 

    NEW SECTION.  Sec. 4.  This act takes effect January 1, 2002.


    Passed the House April 13, 2001.

    Passed the Senate April 6, 2001.

Approved by the Governor May 9, 2001.

    Filed in Office of Secretary of State May 9, 2001.